Academic literature on the topic 'Children’s Act, Act 38 of 2005'
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Journal articles on the topic "Children’s Act, Act 38 of 2005"
1
Pillay, Basil J., and Jerome A. Singh. "‘Mental capacity’, ‘sufficient maturity’, and ‘capable of understanding’ in relation to children: how should health professionals interpret these terms?" South African Journal of Psychology 48, no. 4 (December 21, 2017): 538–52. http://dx.doi.org/10.1177/0081246317747148.
Full textAbstract:
South Africa’s Children’s Act 38 of 2005 requires health professionals to determine whether a child possesses ‘sufficient maturity’ and ‘mental capacity’ to make decisions about themselves in relation to surgery, treatment, and HIV testing. Similarly, the National Health Act 61 of 2003 requires a child to be ‘capable of understanding’ to provide informed consent in research. However, neither the Children’s Act nor the National Health Act defines these terms. Moreover, there is no common definition of ‘sufficient maturity’ among healthcare professionals in South Africa. Appreciating how foreign law interprets ‘mental capacity’ and how different healthcare professionals evaluate ‘maturity’ could prove illuminative in respect to how these terms could be interpreted by health professionals in South Africa, and elsewhere.
2
Couzens, Ed. "A very long engagement: The Children's Act 38 of 2005 and the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 1 (June 26, 2017): 53. http://dx.doi.org/10.17159/1727-3781/2009/v12i1a2720.
Full textAbstract:
This article analyses the intercountry adoptions provisions contained in Chapter 16 of the Children’s Act 38 of 2005, against the standards of the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoptions, 1993. After a brief overview of the two leading South African cases on intercountry adoption, which stress the importance of having this institution statutorily regulated, the author proceeds to analyse the most significant clauses pertaining to intercountry adoptions contained in the Act, in order to identify the strengths and weaknesses in this new statutory framework. The author concludes that the Children’s Act is a dramatic improvement on the current regime of intercountry adoptions and that it has the potential to make this institution work in the best interests of children.
3
Olusegun Olaitan Oluwaseyi and Olatawura Oladimeji. "Surrogacy Agreements and the Rights of Children in Nigeria and South Africa." Obiter 42, no. 1 (May 2, 2021): 20–38. http://dx.doi.org/10.17159/obiter.v42i1.11054.
Full textAbstract:
Surrogacy agreements help to provide children for persons who cannot achieve conception or carry a child to term themselves. This practice has improved several lives over the years but can also be exploitative for some parties involved, if not adequately regulated.Using the doctrinal research method, this study discusses the rights of children in surrogacy agreements and examines the regulation of the practice in Nigeria and South Africa. This study found that a comprehensive framework regulating surrogacy agreements is lacking in Nigeria, while the practice is regulated in South Africa under Chapter 19 of the Children’s Act 38 of 2005 (Children’s Act). The lack of a legal framework in Nigeria implies that the rights of children born through surrogacy agreements may be violated. Two Bills are however awaiting passage into law in Nigeria.This study thus recommends the enactment of these Bills into one comprehensive law so as to regulate surrogacy agreements effectively in Nigeria and safeguard the well-being of children. Legislation regulating surrogacy agreements in Nigeria should include provisions similar to those found in the Children’s Act of South Africa. Policies that promote the best interests of the child should be adhered to and their rights to know their biological heritage, identity and nationality, and to prevention from harm, should be protected and promoted.
4
Heaton, Jacqueline. "Notes on the Proposed Amendment of Section 21 of the Children's Act 38 of 2005." Potchefstroom Electronic Law Journal 22 (September 3, 2019): 1–21. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5974.
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In terms of section 21 of the Children's Act 38 of 2005, an unmarried father acquires full parental responsibilities and rights in respect of his child if he lives with the child's mother in a permanent life-partnership when the child is born. He also acquires full parental responsibilities and rights if, regardless of whether or not he has ever lived with the child's mother, he consents or successfully applies to be identified as the child's father or pays damages in terms of customary law, and contributes or attempts in good faith to contribute to the child's upbringing and maintenance for a reasonable period. Several provisions of section 21 are unclear and/or unsatisfactory. The draft Children's Amendment Bill, 2018 seeks to address problematic aspects of the section. Unfortunately, the proposed amendments to section 21 leave one disappointed. Although some of the amendments are welcome, the draft Bill fails to address several of the uncertainties flowing from the current wording of section 21 and even creates additional uncertainties. The wording of many of the amendments has not been properly thought through, and the draft Bill fails to address the key question of whether the requirements in section 21(1)(b) operate conjunctively or independently.
5
Ferreira, S., and CJ Pretorius. "Interpretation of a Trust Deed – Harvey v Crawford 2019 (2) SA 153 (SCA)." Obiter 41, no. 2 (October 1, 2020): 447–60. http://dx.doi.org/10.17159/obiter.v41i2.9165.
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Recently, in Harvey v Crawford (2019 (2) SA 153 (SCA)) (Harvey), the Supreme Court of Appeal had to consider whether the adopted grandchildren of a trust donor were beneficiaries in terms of a notarially executed deed of trust. Presently, an adopted child is for all purposes regarded as the child of the adoptive parent, and an adoptive parent is for all purposes regarded as the parent of the adopted child (s 242(3) of the Children’s Act 38 of 2005) (the Children’s Act)). This was also the case in 1953, when the deed of trust in Harvey was executed and when the Children’s Act 31 of 1937 (the 1937 Act) regulated adoption. However, contrary to current legislation, the 1937 Act included a proviso with regard to property that was included in an instrument prior to the date of the adoption order: the instrument was required to display a clear intention that such property would indeed devolve upon an adopted child.Upon interpretation of the deed in question, the court ruled that the adopted children were not entitled to benefit from the capital in the trust. In this regard, the majority opted for a rather restrictive approach, seemingly out of step with recent developments in the interpretation of contracts. The minority decision, on the other hand, came to the opposite conclusion, displaying a more balanced approach to the issue of interpretation. This decision raises some noteworthy issues regarding the interpretation of inter vivos trust deeds with specific reference to adoption. It is submitted that the court erred in its findings; the aim of this case discussion is to analyse the judgment.
6
Delport, Rina, and Gloudien Spies. "ADOLESCENTS’ RIGHT TO PARTICIPATE DURING STATUTORY INTERVENTION." Southern African Journal of Social Work and Social Development 26, no. 1 (February 17, 2017): 24–41. http://dx.doi.org/10.25159/2415-5829/2177.
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Social work practice remains concerned about the widespread human rights abuses and the exclusion of children’s voices during statutory intervention. As stipulated by The United Nations Convention on the Rights of the Child (1994), confirmed by The African Charter on the Rights and Welfare of the Child (1999) and the Children’s Act (Section 10, 38 of 2005), it is of paramount importance that the child, which includes the adolescent, must experience freedom of expression as well as the right to be heard during statutory proceedings. However, it is argued that despite the national and international focus on the importance of child participation, the question remains if children do understand and receive the opportunity to participate in practise. This article reflects on adolescents’ understanding and experiences of their right to participate during statutory intervention.
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Lutchman, Salona. "Notes: Children, autonomy and statements: The need for a bright-line rule." South African Law Journal 138, no. 3 (2021): 500–508. http://dx.doi.org/10.47348/salj/v138/i3a2.
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Currently, a child cannot provide a statement without parental or guardian consent. This limits the child’s right to participate fully in matters which affect the child. Indeed, it also impacts the fact-finding process of an investigation. In terms of international conventions and the Children’s Act 38 of 2005, child participation is a cornerstone of children’s rights. This note proposes that South African law recognise adolescent autonomy — specifically, an adolescent’s competence to provide a statement in matters affecting the child. An adolescent’s stage of growth (physical and mental) makes the child capable of understanding the consequences of such conduct, and the child’s developing agency and cognitive abilities mean that the child may wish to do so. The note proposes that the law recognise the autonomy of a child who is twelve years or older to provide an unassisted statement in legal fora.
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Büchner-Eveleigh, Mariana, and Annelize Nienaber. "Gesondheidsorg vir Kinders: Voldoen Suid-Afrikaanse Wetgewing Aan die Land se Verpligtinge Ingevolge die Konvensie Oor die Regte van die Kind en die Grondwet?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (May 22, 2017): 102. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2459.
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Included in the Convention on the Rights of the Child, 1989 (UN Children's Convention) is the right of children to the highest attainable standard of health. In terms of article 4 of the UN Children's Convention, in implementing the UN Children's Convention state parties must "undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognised in the present Convention". South Africa showed its commitment to protecting and promoting children's health when it ratified the UN Children's Convention and subsequently adopted the Constitution of the Republic of South Africa, 1996, which includes provisions guaranteeing the health rights of children. South Africa also showed commitment to giving legislative effect to the protection and promotion of children's health by promulgating the National Health Act 61 of 2003, the Children's Act 38 of 2005 and the Mental Health Care Act 17 of 2002. The article evaluates existing policy and legislation affecting child health in order to assess how well South African legislation addresses the issue of children's healthcare rights and whether or not it complies with its international law and constitutional obligations in this regard. The article concludes that although much legislation exists, none provides comprehensively for children's healthcare rights, and there are many gaps in existing legislation. Most importantly, there is no reference to the core minimum requirements for the state in providing for the health of children, particularly in the way of healthcare services and nutrition. Further, there is a complete lack of legislation which protects the health needs of children with disabilities. In order to ensure that the health rights of children are protected and promoted, we propose more comprehensive legislative protection.
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Kruger, Hanneretha. "The Protection of Children's Right to Self-Determination in South African Law with Specific Reference to Medical Treatment and Operations." Potchefstroom Electronic Law Journal 21 (October 15, 2018): 1–34. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a4609.
Full textAbstract:
The Children's Act 38 of 2005 provides that children over the age of 12 years can consent to their own medical treatment or that of their children, provided they are of sufficient maturity and have the mental capacity to understand the benefits, risks, social and other implications of the treatment (section 129(2)). The predecessor of the Children's Act set the age at which children could consent to medical treatment at 14 years, and no maturity assessment was required (Child Care Act 74 of 1983 section 39(4)). Children over the age of 12 years can consent to the performance of surgical operations on themselves or their children, provided that they have the level of maturity described above and they are duly assisted by their parents or guardians (Children's Act section 129(3)). Before the Children's Act came into operation, the Child Care Act allowed children over the age of 18 to consent to their own operations (section 39(4)). Neither a maturity assessment nor parental assistance was required. (Note that when the Child Care Act was in operation the majority age was still 21 years.) In this article the question is considered if the relaxation of the limitations on children's capacity to consent to medical treatment and surgical operations in the Children's Act recognises the right of children to make independent decisions without the assistance of their parents or guardians or other substitute decision-makers. Firstly the article investigates the theoretical foundations of the protection of children's rights, particularly their autonomy rights. Secondly the meaning of the concept "competence" in medical decision-making and the related concept of "informed consent" are discussed. Thirdly some developmental and neuroscientific research on children's decision-making capacities and how they influence children's competence to give consent valid in law are highlighted. Fourthly possible legal foundations for the protection of children's right to self-determination in medical decision-making are sought in the Constitution and international and regional human rights treaties. Finally the relevant provisions of the Children's Act are examined in order to ascertain whether children's right to self-determination is sufficiently protected in South African law
10
Boniface, Amanda. "African-Style Mediation and Western-Style Divorce and Family Mediation: Reflections for the South African Context." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 5 (June 1, 2017): 377. http://dx.doi.org/10.17159/1727-3781/2012/v15i5a2529.
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Both Western-styled mediation and African-styled mediation are practised in South Africa. Each of these models is applied in specific social contexts. In this article a brief explanation of what is meant by the term divorce and family mediation is provided. Thereafter the principles and processes of both Western-styled divorce and family mediation and African-styled group mediation are explored. Attention is given to the roles of mediators in both of these models as well as the ubuntu-styled values found in African group mediation. In Africa, there is a tradition of family neighbourhood negotiation facilitated by elders and an attitude of togetherness in the spirit of humanhood. Both of these show a commitment to the community concerned and a comprehensive view of life. In Africa conflicts are viewed as non-isolated events and are viewed in their social contexts. Not only are consequences for the disputing parties taken into account but also consequences for others in their families. These methods can be found in present-day methods, which are either used independently of imported Western structures or used alternatively to such structures. In this article the concept of mediation circles, as currently found in Western-styled mediation are also covered. Additionally, the provisions of the Children’s Act 38 of 2005 referring to mediation as well as the provisions of the Child Justice Act 75 of 2008 and family group conferencing in the realm of restorative justice in South Africa are critiqued. It is suggested that divorce and family mediation can learn from the principles of restorative justice applied during family group conferencing as well as from African-styled group mediation.
Dissertations / Theses on the topic "Children’s Act, Act 38 of 2005"
1
Scheepers, Chanéll. "The general responsibilities and rights of an unmarried father in terms of the Children’s Act 38 of 2005 / Chanéll Scheepers." Thesis, North-West University, 2011. http://hdl.handle.net/10394/8423.
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This thesis explores the impact of the new Children’s Act, Act 38 of 2005 on the
acquisition by unmarried fathers of parental responsibilities and rights. The research
has shown that the Children’s Act has fundamentally transformed the way in which
parental responsibilities and rights are acquired.
Parental responsibilities and rights can now be automatically acquired by a
committed unmarried father. Although the Act has undergone major changes,
unmarried fathers must still satisfy many more requirements than mothers, and thus
it is asserted that the Act is deemed not to have been progressive enough.
Granting full parental responsibilities and rights to both parents, based on their
biological link to the child, would meet the constitutional demands of sex and gender
equality. This would also place the focus on the child, and the best interests of the
child. The importance in securing these best interests that the presence of both
parents has in the life of the child is emphasised.Thesis (LL.M. (Comparative Child Law))--North-West University, Potchefstroom Campus, 2011
2
Lewis, Samantha Vanessa. "The constitutional and contractual implications of the application of chapter 19 of the Children's Act 38 of 2005." Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4530_1319010066.
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In this research, I carefully and coherently examine Chapter 19 of the Children's Act 38 of 2005 as the first legislation to afford surrogate motherhood agreements legal recognition in South Africa. I argue that the application of Chapter 19 imposes a number of unwarranted limitations on several of the constitutional rights of the parties to a surrogacy agreement. In addition, I propose that Chapter 19 is not in accordance with the principal of the best interests of the child. I examine the history of surrogate motherhood in South Africa and establish that, prior to the enactment of Chapter 19, no legislation expressly afforded surrogate motherhood agreements legal recognition. Hence, prior to the enactment of Chapter 19, parties who entered surrogacy agreements could, first, not rely on the agreement to enforce contractual obligations, and secondly, the legal positions of the parties to the agreement were uncertain. Thirdly, a child born of a surrogacy agreement was seen as the child of the surrogate mother and not of the commissioning parents.
3
Meyiwa, Nonceba. "We cannot fight for what we do not know : information that mothers of disabled children have about the Children's Act (No. 38 of 2005) and the Children's Amendment Act (No. 41 of 2007) in South Africa." Master's thesis, University of Cape Town, 2010. http://hdl.handle.net/11427/12693.
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Includes bibliographical references (p. 82-86).The purpose of this study is to explore the information that the mothers of disabled children have on the provisions of the Children's Act (CA) (Act no.38 of 2005) and the Children's Amendment Act (CAA) (Act No.41 of 2007). The two Acts were consolidated after the regulations had been adopted. The Children's Act gives effect to the three specific constitutional rights of children contained in section 28. These are: a. The right to social services. b. The right to parental or family care or to appropriate alternative care when removed from their family. c. Protection from maltreatment, neglect, abuse or degradation. This Act stipulates the services that are required to give effect to the three State obligations. The aim of the research was 1) to investigate the nature of information which mothers of disabled children have acquired about the Children's Act, and 2) factors influencing the access to this information by these mothers. The study population was mothers whose children have a physical or mental disability. The study sample was purposively selected from mothers of disabled children living in a township in Ekurhuleni Metropolitan, in Gauteng Province. A qualitative research approach was used in this study, and a case study design was adopted. Individual in-depth interviews were held with four participants. The data collected through the in-depth interviews was analysed using a thematic content analysis. The findings of this study will raise awareness among mothers of disabled children and their organizations of the rights and services to which disabled children are entitled according to the Children's Act. It will therefore enable them individually and through DPOs to more effectivity monitor the implementation of the Act by the State and to enforce compliance by the State of its obligations to disabled children in terms of the Children's Act.
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Mankazana, Sobantu Vincent. "Investigation into the implementation of the childrens act no 38 of 2005 in mainstream schools in the Fort Beaufort education district." Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/502.
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In this study the focus is on the implementation of the Children’s Act in mainstream schools. The Children’s Act mandates that all children who are in need of care both in school and out of school should be taken care of and be protected. However, they are often not afforded the full opportunity to enjoy the benefits of this Act. This is due to various factors that hinder the process of its implementation in mainstream schools. The main emphasis of this study is on the factors that hinder the implementation of the Children’s Act. The aim of the Children’s Act is to look after and provide services and support to children in need of care and protection. In order to provide such services and support to children, one needs to first identify such learners in need of care and their needs. Having done this, the support needed can be assessed and provided. This process is not easily achieved in mainstream schools. This study seeks to determine the factors that discourage the implementation process of the Children’s Act in mainstream schools. Data collection for this study included face to face interviews with teachers who are principals of schools and Life Orientation teachers, a social workers and school nurse. The data was used to analyze and interpret the challenges that hinder the implementation of the Children’s Act in mainstream schools. Among others, the study found that there is a lack of collaboration among stakeholders and coordination of service delivery. Poor parental involvement and commitment to parent involvement programmes was also evident. However, to a limited degree, there is interaction between the schools and relevant government departments. The study recommends that multidisciplinary teams should be formed whereby scarce resources can be shared. Various professionals should have the opportunity to come together toshare ideas and information. In order to encourage identification of learners in need of care, it is recommended that, the peer groups or peer educators be established and awareness campaign be conducted in schools. The study also recommends that developmental assessment programmes be conducted. Developmental assessment programmes will help gather information directly from learners or from an appropriate adult in the child’s life. They provide frameworks which can be used as guides for eliciting and analysing information.
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Van, der Heever Marietjie. "Die implementering van kinderdeelname ingevolge artikel 10 van die Kinderwet, Wet 38 van 2005 en die maatskaplike werker se verantwoordelikheid / Marietjie van der Heever." Thesis, North-West University, 2012. http://hdl.handle.net/10394/9225.
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Remarkable progress with respect to the necessity of child participation has been observed in the Children's Act, act 38 of 2005. Article 10 of the Children's Act, act 38 of 2005, specifically provides for children‟s right to participate in any situation applicable to a child.
Despite afore-mentioned progress in the legal field, the reality is that there are remarkable differences between children's rights to participate in society and society's experience of the role children play and the abilities they possess to do so. In this article the focus is on the responsibility of the social worker during the implementation of children's participation, according to the Children's act, act 38 of 2005.
The successful implementation of children's participation by social workers ensures that the child is given a voice while important issues are being heard and discussed. This can actively contribute to the improvement of services offered to children and families with regard to effective intervention programmes and can ensure a positive outcome in terms of services provided.Thesis (MSW (Forensic Practice))--North-West University, Potchefstroom Campus, 2013.
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Beyl, Aletta Elsabe. "A critical analysis of Section 21 of the Children's Act 38 of 2005 with specific reference to the parental responsibilities and rights of unmarried fathers." Diss., University of Pretoria, 2013. http://hdl.handle.net/2263/40608.
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The aim of this dissertation is to establish if the unmarried father has been placed in a better position regarding his rights to his child with the advent of the Children’s Act 38 of 2005. Prior to the commencement of the Children’s Act a number of different sets of legislation encompassed the unmarried father’s position. The unmarried father could not automatically acquire any rights to his child and had to prove that it would be in the child’s best interests to be allowed contact.
The study was done on the basis of an analysis of the interaction of the unmarried father’s rights with the child’s rights, as well as the interaction of their rights with the Constitution. An analysis was also made of the manner in which the Bill of Rights in the Constitution should be applied with respect to the relationship between parents, their children and the state. From the study it was found that the unmarried father’s rights interlink closely with those of his child and the state. It was established that the Bill of Rights must be applied both horizontally and vertically and that the primary duty rests on the parents and only passes to the state if the parents are unable to perform their primary duties to the child. It was further established from the study that a limitation on the parent’s right to equality is only justified in terms of section 36 of the Constitution by the child’s overriding right to have meaningful relationships with both parents.
A comparison was made with the relevant legislation of some African and non-African countries to establish if South Africa could learn something from their child law legislation. An analysis was also done of those sections of the Children’s Act that interact with section 21. From this analysis it was clear that many sections and phrases in the Children’s Act are unclear, undefined and open to interpretation. In this regard certain amendments to the Children’s Act are suggested in the study.
It is submitted in this study that even though the Children’s Act codified legislation pertaining to children and the unmarried father may acquire parental responsibilities and rights, the improved position is superficial and subject to obstacles. The unmarried father needs to fullfil certain requirements in order to acquire his parental responsibilities and rights, as provided for in section 21(1). One of the main problems of this section is that it does not provide for any form of proof to be provided to the unmarried father to confirm or indicate that he has acquired responsibilities and rights. Even though the mother has these rights simply because of her biological link to the child, she is hardly ever placed in the position where her parental responsibilities and rights are questioned by third parties. This is not the position with the unmarried father. He is firstly placed in a disadvantaged position because he has no way to show that he is the holder of rights and secondly he is being discriminated against, simply because he is placed in this position.
It was concluded in this study that despite the improved position of unmarried fathers, their position has only prima facie improved and they really should be placed in the same position as mothers. It is submitted that if the same rights mothers have are also afforded to unmarried fathers, it would be to the benefit of their children and their right to parental care and family life.Dissertation (LLM)--University of Pretoria, 2013.
gm2014
Private Law
unrestricted
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De, Bruin David Wegeling. "Child participation and representation in legal matters." Thesis, University of Pretoria, 2010. http://hdl.handle.net/2263/27414.
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The child’s participation in any legal matter involving him/her is crucial whether received directly or indirectly through a legal representative. The significance of the child’s views in legal matters is accepted internationally and is entrenched in South African law. This is the main feature of the present research. In Roman law the paterfamilias was the complete antithesis of the best interest of the child with his paternal power entirely serving his own interests. The best interests of the child progressively improved his/her participatory rights and the dominance of paternal authority in Roman, Germanic, and Frankish law eventually gave way to parental authority and assistance in Roman-Dutch law. This advanced the child’s participation in legal matters and under Roman-Dutch law, his/her right of participation included legal representation by way of a curator ad litem. The child’s best interests were consistently viewed from an adult’s perspective and resulted in an adult-centred assessment of his/her best interests. Statutory intervention increased the child’s participatory and representation rights, however, the tenor of these items of legislation remained parent-centred. The Appeal Court later dispelled any uncertainty regarding the paramountcy with respect to the best interests of the child. During the 1970s in South Africa, the emphasis began shifting from a parent-centred to a child-centred approach in litigation between parents in cases involving their children. An open-ended list of factors comprising the best interests of the child accentuated this shift. Courts were encouraged to apply the paramountcy rule in legal matters concerning children and to consider the views of children in determining their best interests. The new democratic constitutional dispensation in South Africa, followed by the ratification of the Convention on the Rights of the Child and the African Charter, obligated South Africa to align children’s rights with international law and standards. The South African Law Reform Commission set out to investigate and to formulate a single comprehensive children’s statute. The resultant Children’s Act 38 of 2005 is the most important item of legislation for children in private law in South Africa. The Children’s Act provides for the widest possible form of child participation in legal matters involving the child. It revolutionises child participation requiring no lower age limit as a determining factor when allowing the child, able to form a view, to express that view. The child’s right to access a court and to be assisted in doing so further enhances his/her participatory right. Effective legal representation is the key in ensuring that children enjoy the fundamental right of participation equal to that of adults in legal matters involving children. Comparative research of child laws in Australia, Kenya, New Zealand and United Kingdom confirms that South Africa is well on the way in enhancing children’s participatory and legal representation rights in legal matters concerning them. This illustrates that only the child’s best interests should serve as a requirement for the legal representation of children in legal matters. Continued training is essential to ensure the implementation of the Children’s Act and requires a concerted effort from all role-players.Thesis (LLD)--University of Pretoria, 2010.
Private Law
unrestricted
8
Agere, Leonard Munyaradzi. "An evaluation of the role of child and youth care centres in the implementation of South Africa’s children’s act." Thesis, University of Fort Hare, 2014. http://hdl.handle.net/10353/d1015406.
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The aim of this study was to evaluate the role played by CYCCs to provide support and protection to children who have been found to be in need of care, according to the criteria given in the Children’s Act No. 38/2005 as amended. The study made use of a qualitative approach and the research design was provided by the case study. Data was gathered by means of semi-structured interviews and focus group discussions. The most important findings to emerge from the study were that the factors which affect the operation of CYCCs are either institutional, or else challenges arising from issues pertaining to infrastructure and human resources. However, it was also acknowledged that, despite the challenges which affect their ability to provide their services to young people, the CYCCs had also made progressive steps to halt the suppression of the fundamental rights of children. It has been recommended that the government should apply comprehensive funding to the objectives of the Children’s Act, which would entail increasing the subsidies to CYCCs. It has also been recommended that the Policy on Financial Rewards should call for the same benefits and salary scales to apply for professional staff working in the government and to those working in the CYCCs. The repercussions from failing to adjust to these recommendations will inevitably lead to the employment of a remedial model of care.
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Madyibi, Siphe. "Evaluating the impact of facility and household-level factors on early learning development in Philippi, Western Cape." University of Western Cape, 2021. http://hdl.handle.net/11394/8383.
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Philosophiae Doctor - PhDEarly learning opportunities in South Africa are both inaccessible and unequal in quality due to facility and household-level factors. With minimal resources, Early Childhood Development (ECD) facilities in poor communities provide low-quality ECD services to children. Part of the reason that ECD facilities are under-resourced and of poor quality is their inadequate funding. The disparity in quality means that poor children may still lag behind children who have had access to high-quality, well-resourced ECD facilities. Beside facility-level factors, the process of early learning is also influenced by household factors. Studies have found that low-cost stimulations such as storytelling, singing and playing with household objects can be used as tools to promote early development within the confines of the household.
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Smit, Mathilda. "Gesinsbemiddelingsproses met inagneming van die "Children's Act, Act 38 of 2005"." Thesis, 2009. http://hdl.handle.net/10500/4166.
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Text in AfrikaansGlobally divorce is an increasing phenomenon. If not handled correctly it may be significantly destructive for the people involved. The new Children’s Act, Act 38 of 2005 regards the best interests of the child paramount in all matters concerning the care, protection and well-being of a child. It underpins the importance of the full, or specific parental responsibilities of parents, the importance of a conciliatory and non-confrontational approach to the settlement of child-centred disputes. It also mandates that the child has the right to participate in an appropriate way in any matter concerning that child and that his views must be given due consideration. Further Act 38 of 2005, provides for parenting plans to be agreed upon determining the exercise of their respective responsibilities and rights. The goal of this research was to explore, develop and implement a process of family mediation with reference to Act 38 of 2005. Five families affected by divorce and their children were selected as case studies for qualitative research. Applied research was done within the context of intervention research and the first four phases of Rothman and Thomas’ Intervention Research model was used. Problems caused by divorce were identified and the goal was to address the best interests of the child by improving the co-parenting relationship, parent-child relationships and the quality of parenting. Information gathering and synthesis took place by using existing information sources, studying natural examples and identifying functional elements of successful models.An observational system was designed. It included the natural observing of the five case studies, specific procedural elements and intervention. The design criteria were applied to the preliminary intervention concept.
Social Work
D.Diac. (Spelterapie-Rigting)
Books on the topic "Children’s Act, Act 38 of 2005"
1
Adoption and Children Act 2002: Elizabeth II. 2002. Chapter 38. London: Stationery Office, 2002.
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2
Gilmore, Stephen, and Lisa Glennon. Hayes & Williams' Family Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811862.001.0001.
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Hayes and Williams’ Family Law, now in its sixth edition, provides critical and case-focused discussion of the key legislation and debates affecting adults and children. The volume takes a critical approach to the subject and includes ‘talking points’ and focused ‘discussion questions’ throughout each chapter which highlight areas of debate or controversy. The introductory chapter within this edition provides a discussion of the law’s understanding of ‘family’ and the extent to which this has changed over time, a detailed overview of the meaning of private and family life within Article 8 of the ECHR, and a discussion of the Family Justice Review and subsequent developments. Part 1 of this edition, supplemented by the ‘Latest Developments’ section, outlines the most up-to-date statistics on the incidence of marriage, civil partnerships and divorce, discusses recent case law on the validity of marriage such as Hayatleh v Mofdy [2017] EWCA Civ 70 and K v K (Nullity: Bigamous Marriage) [2016] EWHC 3380 (Fam), and highlights the recent Supreme Court decision (In the Matter of an Application by Denise Brewster for Judicial Review (Northern Ireland) [2017] 1 WLR 519) on the pension rights of unmarried cohabitants. It also considers the litigation concerning the prohibition of opposite-sex civil partnership registration from the judgment of the Court of Appeal in Steinfeld and Keidan v Secretary of State for Education [2017] EWCA Civ 81 to the important decision of the Supreme Court in R (on the application of Steinfeld and Keidan) (Application) v Secretary of State for International Development (in substitution for the Home Secretary and the Education Secretary) [2018] UKSC 32. This edition also provides an in-depth discussion of the recent Supreme Court decision in Owens v Owens [2018] UKSC 41 regarding the grounds for divorce and includes discussion of Thakkar v Thakkar [2016] EWHC 2488 (Fam) on the divorce procedure. Further, this edition also considers the flurry of cases in the area of financial provision on divorce such as Waggott v Waggott [2018] EWCA Civ 722; TAB v FC (Short Marriage: Needs: Stockpiling) [2016] EWHC 3285; FF v KF [2017] EWHC 1903 (Fam); BD v FD (Financial Remedies: Needs) [2016] EWHC 594 (Fam); Juffali v Juffali [2016] EWHC 1684 (Fam); AAZ v BBZ [2016] EWHC 3234 (Fam); Scatliffe v Scatliffe [2016] UKPC 36; WM v HM [2017] EWFC 25; Hart v Hart [2017] EWCA Civ 1306; Sharp v Sharp [2017] EWCA Civ 408; Work v Gray [2017] EWCA Civ 270, and Birch v Birch [2017] UKSC 53. It also considers the recent decision of the Supreme Court in Mills v Mills [2018] UKSC 38 concerning post-divorce maintenance obligations between former partners, and the Privy Council decision in Marr v Collie [2017] UKPC 17 relating to the joint name purchase by a cohabiting couple of investment property.Part 2 focuses on child law, examining the law on parenthood and parental responsibility, including the parental child support obligation. This edition includes discussion of new case law on provision of child maintenance by way of global financial orders (AB v CD (Jurisdiction: Global Maintenance Orders)[2017] EWHC 3164), new case law and legislative/policy developments on section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders transferring legal parenthood in surrogacy arrangements), and new cases on removing and restricting parental responsibility (Re A and B (Children: Restrictions on Parental Responsibility: Radicalisation and Extremism) [2016] EWFC 40 and Re B and C (Change of Names: Parental Responsibility: Evidence) [2017] EWHC 3250 (Fam)). Orders regulating the exercise of parental responsibility are also examined, and this edition updates the discussion with an account of the new Practice Direction 12J (on contact and domestic abuse), and controversial case law addressing the tension between the paramountcy of the child’s welfare and the protected interests of a parent in the context of a transgender father’s application for contact with his children (Re M (Children) [2017] EWCA Civ 2164). Part 2 also examines the issue of international child abduction, including in this edition the Supreme Court’s latest decision, on the issue of repudiatory retention (Re C (Children) [2018] UKSC 8). In the public law, this edition discusses the Supreme Court’s clarification of the nature and scope of local authority accommodation under section 20 of the Children Act 1989 (Williams v London Borough of Hackney [2018] UKSC 37). In the law of adoption, several new cases involving children who have been relinquished by parents for adoption are examined (Re JL & AO (Babies Relinquished for Adoption),[2016] EWHC 440 (Fam) and see also Re M and N (Twins: Relinquished Babies: Parentage) [2017] EWFC 31, Re TJ (Relinquished Baby: Sibling Contact) [2017] EWFC 6, and Re RA (Baby Relinquished for Adoption: Final Hearing)) [2016] EWFC 47).
Book chapters on the topic "Children’s Act, Act 38 of 2005"
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"Adoption and Children Act 2002 ch 38." In Statutes on the Conflict of Laws. Bloomsbury Publishing Plc, 2015. http://dx.doi.org/10.5040/9781509900503.ch-065.
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Greher, Gena R., and Jesse M. Heines. "Notation and Representation: How We Get ’Em to Crack the Code." In Computational Thinking in Sound. Oxford University Press, 2014. http://dx.doi.org/10.1093/oso/9780199826179.003.0009.
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Music can and does exist without notation. In fact, its existence predates what we have come to accept as traditional music notation. Many musical traditions have thrived for centuries without any kind of formal codified symbol system to make musical replication easier. Music has existed, and often still exists, as an aurally transmitted art form. The same can’t be said for computers. Though the tongue-in-cheek Hart and Lieberman quote at the beginning of the chapter gets to the heart of the aural and intuitive nature of music’s origins, computer code relies on complex mathematics built, amazingly, on the seemingly simple 1s and 0s of binary arithmetic. Yet just as with music, there are tools and applications that your students can use to express themselves without even thinking about the underlying mathematics. For many of your students, the act of creating, whether it’s making music or developing web content, is accomplished intuitively, without formal training and knowledge of the “tools of the trade”: musical notation and computer code. Sherry Turkle asserts that “today’s children are growing up in the computer culture; all the rest of us are at best its naturalized citizens”. Following that line of reasoning a bit further, let’s assume for a moment that for your students music and computers are ingrained components of their culture. As is sometimes the case, however, the formal acquisition of these tools can often serve as a barrier to further understanding rather than the gateway this knowledge is meant to serve: impeding rather than enabling the creative process. Gardner feels that formal musical training can “be the beginning of the end of most children’s musical development” (p. 38). He believes “the challenge of musical education is to respect and build upon the young child’s own skills and understanding of music rather than impose a curriculum designed largely for adults” (p. 38). Bamberger’s research with college students suggests that students of any age possess musical instincts that, in the proper environment, can be developed and nurtured.
Conference papers on the topic "Children’s Act, Act 38 of 2005"
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Lee, J. H., S. Sarkar, S. Pinel, J. Papapolymerou, J. Laskar, and M. M. Tentzeris. "3D-SOP Millimeter-Wave Functions for High Data Rate Wireless Systems Using LTCC and LCP Technologies." In ASME 2005 Pacific Rim Technical Conference and Exhibition on Integration and Packaging of MEMS, NEMS, and Electronic Systems collocated with the ASME 2005 Heat Transfer Summer Conference. ASMEDC, 2005. http://dx.doi.org/10.1115/ipack2005-73127.
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In this paper, the development of three-dimensional (3-D) millimeter-wave functions in multilayer low temperature cofired ceramic (LTCC) and liquid crystal polymer (LCP) technologies is presented for millimeter-wave compact and easy-to-design passive solutions for high data rate wireless systems. Both ceramic and organic technologies are candidates for the 3-D integration of system-on-package (SOP) miniaturized RF/microwave/millimeter-wave systems. LTCC has been widely used as a packaging material because of its process maturity/stability and its relatively high dielectric constant that enables a significant reduction in the module/function dimensions. As an alternative, LCP is an organic material that offers a unique combination of electrical, chemical, and mechanical properties, enabling high-frequency designs due to its ability to act as both the substrate and the package for flexible and conformal multilayer functions. A LTCC patch resonator filter that uses vertical coupling overlap and transverse cuts as design parameters has been designed to achieve a high level of miniaturization and a great compromise between compactness and power handling. Excellent agreement between the simulation and the measurement has been verified for two operating frequency bands (58–60GHz/38–40GHz) of RF communications and sensors for applications such as wireless broadband internet or inter-satellite communications. A band pass filter has been fabricated on LCP substrate, offering a very simple, low loss flexible and low lost filtering solution for wideband millimeter waves applications such as 60 GHz WLAN short-range gigabit wireless systems. The design exploits the ripple near the cut off frequency of Tchebysheff low pass filter to create a band pass response and it exhibits the insertion loss as low as 1.5 dB at the center frequency of 60GHz and 3-dB bandwidth of 16.7% (∼10 GHz).